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The Police Pensions (Scotland) Regulations 2007

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Death grants where pension credit member dies before pension credit benefits payable

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63.—(1) If a pension credit member dies before any pension credit benefits have become payable to the member under these Regulations, a lump sum death grant is to be paid of an amount equal to the annual rate of the pension to which the member would have been entitled under regulation 61(3)(a) if the member had attained normal benefit age on the date of the member’s death (as calculated in accordance with guidance prepared by the Scheme actuary), multiplied by 3.

(2) The lump sum is payable–

(a)if the member is survived by a spouse or civil partner who is not ineligible under paragraph (3), to that spouse or civil partner; or

(b)if there is no person such as is mentioned in sub-paragraph (a), if the police authority in its discretion so decides, to the member’s personal representatives.

(3) A spouse or, as the case may be, civil partner is ineligible for the purposes of paragraph (2) if–

(a)the deceased and the spouse or civil partner in question were separated by an order or decree of a competent court at the time of the member’s death; and

(b)the deceased was not required by such an order to contribute, and was not in fact regularly contributing, to the support of the spouse or civil partner or to the spouse or civil partner for the support of a child of the spouse or civil partner in question.

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